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Balfour Beatty Rail TUPE transfer of Rail Grinding contract

15 June 2015

TSSA was recently informed by Balfour Beatty of the transfer of the Rail Grinding contract to Colas Rail. Part of the transfer process requires consultation to take place with representatives of the employees – the trade union.


A meeting occurred with joint representation of Colas Rail and Balfour Beatty Rail. A number of assurances were sought from Colas Rail following the transfer which will possibly take place at 23.59 hours on 25th July 2015. Set out below are the responses from the employer to various issues raised:

· Employees will retain their existing terms and conditions.

· Collective bargaining representation will be retained by TSSA on behalf of employees.

· Colas Rail will inform TSSA of any measures (proposed changes after transfer) at the next consultation meeting.

· Colas Rail will be looking to harmonise policies and procedures but they will honour existing policies and procedures that are contractual (e.g. Discipline & Grievance).

· Protected and Indefeasible Right status employees will be able to continue in the Railways Pension Scheme (RPS).

· Those currently in the Balfour Beatty Rail Defined Contribution scheme will be allowed to join the Colas Rail Defined Contribution Scheme but they will not match the current contribution rates. The maximum current rate is 5% employee and 7% employer, whilst the Colas Rail DC scheme is 5% employee and 6% employer. However, Colas Rail operate a salary sacrifice scheme and contribute their savings to the employees’ pension pot.

· All employees that have a current contractual relocation package will retain that.

· BR protected employees transferring will retain their travel facilities.

· All employees will retain their pay on a monthly basis. However, there is difference in date of payment from the current 15th of the month to 28th of the month. TSSA requested that those suffering from financial difficulty as a result of this change be offered the opportunity of an interest free loan. Colas agreed they would look at each individual request made. Colas Rail pay overtime two weeks in arrears compared to the current one month. Thus the following will apply:

From Balfour Beatty

From Colas Rail

On 15 July Paid up to 25 July

On 28 Aug Paid from 26 July to

31 Aug

On 15 Aug Paid all overtime up

to 25 July


· New PPE, mobile phones, lap tops and vehicles will be a matter of discussion between Balfour Beatty Rail and Colas Rail, again they will report at the next meeting the logistics required over the transfer. Mobile phone numbers will be retained.

· The main work location will be Rugby, though there will be further meetings to investigate what work is currently done at the office in Edinburgh. TSSA questioned whether the Rugby Depot will be able to accomplish the maintenance work from Derby in time of the transfer, Colas Rail assured us that it would.

· Vacancies and Higher Grade Pay situations will transfer over as they stand at present.

· Any bonuses, private health and dental heath schemes if contractual will be continued, and Colas Rail provides Child Care Vouchers.

· Balfour Beatty will respond at the next meeting on the payment of existing bonuses up to the transfer and how they would reclaim any existing employee loans outstanding, cycle to work scheme for example.

· Senital details will be transferred, and there will be no requirement for transferring employees to have a medical.

· Colas Rail are currently working on the transfer being safety validated and will respond at the next meeting on this matter.

There will be further consultation meetings on this transfer. Colas Rail will meet transferring employees on a one-to-one basis before the date of transfer, if they request it. Any members with any further questions should not hesitate to contact the TSSA helpdesk or their representatives on this matter.

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